United States Patent and Trademark Office OG Notices: 05 September 2006

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

8-4             EX              79000985                Lutz GmbH
                                                        Maschinenbau


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "LUTZ"
                Affirmed                                (in stylized
                as to                                   design format)
                both cited                              [power-driven
                registrations                           woodworking
                                                        machines, including
                                                        circular saws,
                                                        table saws, band
                                                        saws, planing
                                                        machines, and wood
                                                        splitters, for cut-
                                                        ting and shaping
                                                        lumber; stone
                                                        cutting machines]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

2 cited registrations,                          No
both owned by the
same entity:
"LUTZ" and "LUTZ
SINCE 1904"
(and design)
[both marks
for: hand tools and
parts thereof,
namely, scrapers,
razor blades, utility
knives, utility hook
blades, corner utility
blades, wire scratch
brushes, file handles,
file cleaners, files
and screw drivers]


(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN